The Peninsula Foundation

Category: India

  • On Metaverse & Geospatial Digital Twinning: Techno-Strategic Opportunities for India

    On Metaverse & Geospatial Digital Twinning: Techno-Strategic Opportunities for India

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    Abstract:

    With the advent of satellite imagery and smartphone sensors, cartographic expertise has reached everyone’s pocket and we’re witnessing a software-isation of maps that will underlie a symbiotic relationship between our physical spaces and virtual environments. This extended reality comes with enormous economic, military, and technological potential. While there exist a range of technical, social and ethical issues still to be worked out – time and tide wait for no one is a metaphor well applied to the Metaverse and its development. This article briefly introduces the technological landscape, and then moves over to a discussion of Geospatial Digital Twinning and its techno-strategic utility and implications. We suggest that India should, continue on the existing dichotomy of Open Series and Defence Series Maps, initiate Geospatial Digital Twins of specific areas of interest as a pilot for the development, testing, and integration of national metaverse standards and rules. Further, a working group in collaboration with a body like NASSCOM needs to be formed to develop the architecture and norms that facilitate Indian economic and strategic interests through the Metaverse and other extended reality solutions.

    Introduction

    Cartographers argue that maps are value-laden images, which do not just represent a geographical reality but also become an essential tool for political discourse and military planning. Not surprisingly then, early scholars had termed cartography as a science of the princes. In fact, the history of maps is deeply intertwined with the emergence of the Westphalian nation-state itself, with the states being the primary sponsors of any cartographic activity in and around their territories[1].
    Earlier the outcome of such activities even constituted secret knowledge, for example, it was the British Military Intelligence HQ in Shimla which ran and coordinated many of the cartographic activities for the British in the subcontinent[2]. Thus, given our post-independence love for Victorian institutions, until 2021 even Google Maps had remained an illegal service in India[3].

    One of the key stressors which brought this long-awaited change in policy was the increased availability of relatively low-cost but high-resolution satellite imagery in open online markets. But this remote sensing is only one of the developments impacting modern mapmaking. A host of varied but converging technologies particularly Artificial Intelligence, advanced sensors, Virtual and Augmented Reality, and the increasing bandwidth for data transmission – are enabling a new kind of map. This new kind of map will not just be a model of reality, but rather a live and immersive simulation of reality. We can call it a Geospatial Digital Twin (GDT) – and it will be a 4D artefact, i.e. given its predictive component and temporal data assimilation, a user could also explore the hologram/VR through time and evaluate possible what-if scenarios.

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  • Ukraine Crisis and India’s Rejection of Western Binary Construct

    Ukraine Crisis and India’s Rejection of Western Binary Construct

    “India has already chosen a side, its own, where it is happy, willing and most importantly capable of staying put”

    The current crisis in Ukraine has, or at least threatened to, shift the focus away from two equally urgent geopolitical conundrums – the Taliban usurping power in Afghanistan and China increasing its assertiveness in the Indo-Pacific and beyond. One almost gets the feeling that the timings of these events couldn’t have been better scripted. Needless to say, all three of them are intertwined in a complex web of events where the major world players are looking to outmanoeuvre each other. These events hold serious ramifications for India, a country which under Prime Minister Narendra Modi has looked to continuously raise its international profile as a major and responsible power in the region. Out of the three, India is a serious stakeholder in the Afghan equation and the Indo-Pacific construct, with even the Ukraine crisis putting the world’s focus on India.

    Derek Grossman, writing for the Foreign Policy magazine, observes that due to the Russian invasion of Ukraine and the ensuing crisis, “Modi’s multipolar Moment Has Arrived”. He even sees India as ‘the clear beneficiary of Russia’s war’. Grossman says that by not condemning Russia’s aggression in Ukraine and refusing to toe the Western line in sanctioning Moscow, India has in fact elevated its global stature. He suggests each of the major powers from the US to China to Russia has been vying to have India on its ‘side’. This assumption is not limited to just Grossman alone but many Western analysts assume that India is vying for a side. But this is exactly where Grossman fails to understand the basic objective of India’s foreign policy. India’s External Affairs Minister Dr. S. Jaishankar’s remarks at the recent GLOBESEC 2022 Bratislava Forum throw light on this ‘misunderstanding’ on the part of Grossman and analysts of his ilk. Jaishankar, to a question regarding the ongoing Russia-Ukraine conflict that in case India must pick a side, who India will side with – the US or China, quipped “I don’t accept that India has to join either the US axis or the China axis. We are one-fifth of the world’s population, the fifth or sixth-largest economy in the world, and India is entitled to have its own side and make her own choices devoid of cynical transactions but based on India’s values and interests.” In the same forum, he also remarked that India is not “sitting on the fence” on the Ukraine issue (a reference to Biden’s remark of India being ‘shaky’) and is in fact merely “sitting on its ground”. Jaishankar’s remarks emphasize India’s policy of strategic autonomy and of India not being a lackey of any power or axis. Meaning India has already chosen a side, its own, where it is happy, willing and most importantly capable of staying put.

    “Somewhere Europe has to grow out of the mindset that Europe’s problems are the world’s problems, but the world’s problems are not Europe’s problems.”

    But what Grossman does get right is in his usage of the term ‘Multipolar’. India indeed views the world as multipolar today. Instead of clinging to either pole of the binary world order, India desires to be one of the poles itself. So, then what explains the West’s adamancy or incapability to understand India? Even this has been partly answered by Jaishankar himself as he says, “Somewhere Europe has to grow out of the mindset that Europe’s problems are the world’s problems, but the world’s problems are not Europe’s problems.” And this is exactly why I mentioned Afghanistan and the Indo-Pacific at the very outset. It is not to say that an India desiring to be a globally recognised power shouldn’t be concerned about Ukraine, but to understand the fact that, for India, a “messy” US withdrawal from Afghanistan and an ever-aggressive China lurking large on its borders are far greater challenges that cannot be met by choosing sides, rather India has to meet those challenges on its own strength. India simply doesn’t have the luxury of joining Axis A against Axis B or vice versa. Among many other things, India needs Russia to balance out China and for its strategic interests in Afghanistan and Central Asia; India needs the US to cement its role in the Indo-Pacific and create a strong deterrence against China; while India also needs to partner with China and Russia in climate change politics as well as limit Western dominance over the global financial system.

    But it is also true that today, India’s strategic interests find greater convergence with that of the US, ranging from countering extremism in the Af-Pak region to checking China’s rise and securing a free and open Indo-Pacific with the help of “like-minded” nations in the region like Japan and Australia in the QUAD grouping. With regards to Russia, relations between the two traditional partners have cooled down a little especially because of Russia’s hobnobbing with Pakistan to secure its interests in Afghanistan and India’s growing ties to the US. Given the fact that Russia is speculated to become increasingly dependent on China as the war in Ukraine wages on, India’s manoeuvrability stands even more limited. Ever since the start of the war, India has tirelessly tried to explain to its Western counterparts the need to re-focus on the Indo-Pacific. Perhaps the bigger challenge for the democratic world is China’s unilateral attempts to change the status quo in the region. Russia’s threat is largely military in nature and is a headache majorly for its European neighbours. But the Chinese threat is global and all-encompassing ranging from economic to military to security to cultural. Additionally, for India, the Taliban in power next door doesn’t evoke any pleasant memories as anti-India forces might be on the loose given the Taliban’s proximity to Pakistan and its ties with anti-India forces.

    India must solidly guard against being labelled in any camp and should steadfastly pursue its own path. India’s recent actions of abstentions in the UN against Russian aggression at the same time as Prime Minister Modi making a whirlwind tour of Europe to calm Western nerves augur well for its strategic objectives. The signing of the US-led Indo-Pacific Economic Framework (IPEF) in the recently held QUAD summit in Tokyo also serves India well vis-à-vis China. A recent visit of an Indian delegation to Afghanistan, ostensibly to oversee aid distribution, suggests that New Delhi may be willing to work with the Taliban regime, thus providing the latter with some legitimacy and the former some flexibility. To be recognised as a major global power, India should de-link from all geopolitical binaries and work towards becoming the Third Pole, maybe taking a cue from the Himalayas.

    Feature Image Credits: Economic Times

  • “Aapada mein Avasar”: Examining India’s Engagement with the International Community Amidst the Pandemic

    “Aapada mein Avasar”: Examining India’s Engagement with the International Community Amidst the Pandemic

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    Abstract

    Health security has often been considered an issue of “low politics”. However, in the past two years, the global economy has suffered the most since the Great Depression and global supply chains have been hampered. The developed countries were caught off-guard at par with the rest of the world with global resource inequities at display. As the developed world resorted to “medicine nationalism” and “vaccine nationalism,” their credibility as “global leaders” was sharply questioned. Amidst this, the allegations of the pandemic’s origins generated reactions from an emergent China which stopped concealing its geopolitical ambitions and adopted an unapologetically aggressive posture. Moreover, the credibility of a prominent international organization, the World Health Organization, in terms of its inability in notifying and managing the pandemic was heavily criticised. Each of these occurrences having emerged from a global health crisis has unexpectedly altered the prioritization of matters in the international order, and thereby international diplomacy.

    With the developing and least developed countries deprived of critical medical supplies due to hoarding by developed countries – India’s active engagement in medical diplomacy in the initial phase garnered international appreciation. While it cannot be looked at in a transactional sense, it visibly helped India push for its geopolitical interests in the middle of a global crisis – finding the adequate avasar (possibilities) in the ongoing aapada (crisis). Although flaws on the domestic front existed during the first wave, their impact on India’s medical diplomacy was limited. However, a domestic crisis during the second wave turned out to be an eye-opener and prominently impacted foreign policy initiatives. Considering the lessons so learnt and applied in managing the third wave, this paper examines the tremendous domestic potential of India, while also looking at its historical legacy. In doing so, it emphasises the relevance of domestic affairs as a determinant of successful medical diplomacy outreach – thereby impacting the larger foreign policy objectives.

    Introduction

    While health security has often been relegated as a low-priority issue in the geopolitical landscape, the last two years have unprecedentedly changed everything. A majority of developed nations have appeared helpless in managing the human catastrophe thereby resorting to vaccine and medicine protectionism. To put this on record, over six million people worldwide have lost their lives (COVID Live – Coronavirus Statistics, 2022) during these two years – with the maximum number of lives lost in the United States of America. The global economy has suffered the most since the Great Depression as a fallout of extended total lockdowns that hampered global supply chains. Moreover, an unexpected, unrealised over-dependency of global supply chains on a single country’s economy – China – caught the international community unprepared. Gradually, newer possibilities and threats have emerged through a changing character of the global economy, society, as well as politics and warfare – each of these shifting to the virtual domain.

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    Feature Image Credits: ABC

  • India’s Indian Ocean and the Imperative for a Strong Indian Navy

    India’s Indian Ocean and the Imperative for a Strong Indian Navy

    “A good navy is not a provocation to war. It is the surest guarantee of peace!”
    The Indian Ocean has been at the centre of world history ever since we know it. Man originated in Africa, probably somewhere in the Olduvai Gorge in present-day Tanzania – where Homo Erectus lived 1.2 million years ago and where the first traces of Homo Sapiens, our more recent ancestors having evolved only about 200,000 years ago. First phonetic languages evolved around 100, 000 years ago. The migration of mankind out of Africa began almost 60000 years ago. But we don’t call the Indian Ocean the African Ocean because the first recorded activity over it began only about 3000 years ago.
    Three great early recorded activities of this period come to mind. The first is the Indus Valley Civilization. It was a Bronze Age civilization (3300–1300 BCE; mature period 2600–1900 BCE) in the northwestern region of the Indian subcontinent. Along with Ancient Egypt and Mesopotamia, it was one of three early civilizations of the Old World, and of the three the most widespread.
    The Indus civilization’s economy appears to have depended significantly on trade, which was facilitated by major advances in transport technology. It may have been the first civilization to use wheeled transport. These advances may have included bullock carts that are identical to those seen throughout South Asia today, as well as boats. Most of these boats were probably small, flat-bottomed craft, perhaps driven by sail, similar to those one can see on the Indus River today; however, there is secondary evidence of sea-going craft.
    Archaeologists have discovered a massive, dredged canal and what they regard as a docking facility at the coastal city of Lothal now in Gujarat. Judging from the dispersal of Indus civilization artifacts, the trade networks, economically, integrated a huge area, including portions of Afghanistan, the coastal regions of Persia, northern and western India, and Mesopotamia. There is some evidence that trade contacts extended to Crete and possibly to Egypt.
    There was an extensive maritime trade network operating between the Harappan and Mesopotamian civilizations as early as the middle Harappan Phase, with much commerce being handled by “middlemen merchants from Dilmun” (modern Bahrain and Failaka located in the Persian Gulf). Such long-distance sea trade became feasible with the innovative development of plank-built watercraft, equipped with a single central mast supporting a sail of woven rushes or cloth.
    The second great economic activity was Slavery. Slavery can be traced back to the earliest records, such as the Code of Hammurabi (c. 1760 BC), which refers to it as an established institution. Slavery is rare among hunter-gatherer populations, as it is developed as a system of social stratification. Slavery typically also requires a shortage of labour and a surplus of land to be viable. Bits and pieces from history indicate that Arabs enslaved over 150 million African people and at least 50 million from other parts of the world.  Later they also converted Africans into Islam, causing a complete social and financial collapse of the entire African continent apart from wealth attributed to a few regional African kings who became wealthy in the trade and encouraged it.
    The third great economic activity was seafaring evidenced by migration. The island of Madagascar, the largest in the Indian Ocean, lies some 250 miles (400 km) from Africa and 4000 miles (6400 km) from Indonesia. New findings, published in the American Journal of Human Genetics, show that the human inhabitants of Madagascar are unique – amazingly, half of their genetic lineages derive from settlers from the region of Borneo, with the other half from East Africa. It is believed that the migration from the Sunda Islands began around 200 BC.
    Linguists have established that the origins of the language spoken in Madagascar, Malagasy, suggested Indonesian connections, because its closest relative is the Maanyan language, spoken in southern Borneo. The Gods were also kind and gave the IOR the weather conditions that helped in evolving seaborne trade and intercourse. The sea surface current and prevailing wind structure in and over the Indian Ocean favoured seafarers in their endeavour and sailings in the Indian Ocean from the southern tip of Africa (Cape of Good Hope) during the month of May. After the entry into the Indian Ocean, the seafarers continued to sail in the northerly direction along the coastline of Africa (aided by the strong Somali Current and the East Arabian Current) towards the Arabian Sea.
    The physical environmental conditions over the sea and the external prevailing weather helped the seafarers reach places up to the west coast of India. As this sea surface current extend towards the east coast of India, the sailors were greatly assisted by the surface current as they sailed along. During November, when the East Indian Winter wind reverses in its direction and begins to blow from the northeast, the sailors prepare for their return journey. The winds that generate the waves contribute to the reduction in the otherwise required travel time for the sailings between any given two points of departure and arrival. The natural and external forces help the sailors make their journey/expedition more economical and energy-efficient.
    Clearly, the region was a hub of all kinds of economic activity. Then came the Petroleum Age. And things changed as never before. The Spice trade, the Silk trade, and the China trade all paled into insignificance. The use of Coal as a ship fuel enlarged distances and volumes of cargo. Oil made even longer journeys and greater volumes possible.
    Petroleum is the lifeblood of modern society. It’s a relatively new activity, but its advent has transformed our world as few things have. Petroleum, in one form or another, has been used since ancient times. According to Herodotus more than 4000 years ago, asphalt was used in the construction of the walls and towers of Babylon; there were oil pits near Babylon, and a pitch spring on Zacynthus.
    Great quantities of it were found on the banks of the river Issus, one of the tributaries of the Euphrates. Ancient Persian tablets indicate the medicinal and lighting uses of petroleum in the upper levels of their society. By 347 AD, oil was produced from bamboo-drilled wells in China. Early British explorers to Myanmar documented a flourishing oil extraction industry based in Yenangyaung, that in 1795 had hundreds of hand-dug wells under production.
    Oil is now the single most important driver of world economics, politics and technology.  The rise in importance was due to the invention of the internal combustion engine, the rise in commercial aviation, and the importance of petroleum to industrial organic chemistry, particularly the synthesis of plastics, fertilizers, solvents, adhesives and pesticides. Today, oil contributes 3% of the global GDP.
    In 1847, the process to distill kerosene from petroleum was invented by James Young. He noticed natural petroleum seepage in the Riddings colliery at Alfreton, Derbyshire from which he distilled a light thin oil suitable for use as lamp oil, at the same time obtaining a thicker oil suitable for lubricating machinery. In 1848 Young set up a small business refining the crude oil.
    Today the world’s biggest stand-alone refinery is the Reliance refinery at Jamnagar with a refining capacity of about 1.5 million barrels a day. The Essar refinery at Jamnagar refines a further 0.5 million barrels a day. Together they make Jamnagar one of the world’s great refining centers. India’s number one export item is Petroleum products, mostly Petrol and Diesel. India now exports the equivalent of about 615,000 barrels a day. In 2020, petroleum exports accounted for $25.3 billion of our total exports of $291.8 billion in the same year.
    India imported $77 billion worth of oil in the year 2020-21 and more than half of this comes from countries in the IOR. Iraq’s share is 22.4%, Saudi Arabia’s share is 18.8%, UAE’s share is 10.8%, and Kuwait’s 5%. The IOR is India’s lifeline and lifeblood. If the line is blocked we will suffer hugely, if the blood gets anaemic we will suffer hugely. India just cannot afford anything to go wrong here.
    The sea lanes in the Indian Ocean are considered among the most strategically important in the world—according to the Journal of the Indian Ocean Region, more than 80 percent of the world’s seaborne trade in oil transits through the Indian Ocean choke points, with 40 percent passing through the Strait of Hormuz, 35 percent through the Strait of Malacca and 8 percent through the Bab el-Mandab Strait.
    But it’s not just about sea-lanes and trade. More than half the world’s armed conflicts are presently located in the Indian Ocean region, while the waters are also home to continually evolving strategic developments including the competing rises of China and India, the potential nuclear confrontation between India and Pakistan, the US interventions in Iraq and Afghanistan, Islamist terrorism, incidents of piracy in and around the Horn of Africa, and management of diminishing fishery resources.
    As a result of all this, almost all the world’s major powers have deployed substantial military forces in the Indian Ocean region. For example, in addition to maintaining expeditionary forces in Iraq, the US 5th Fleet is headquartered in Bahrain, and uses the island of Diego Garcia as a major air-naval base and logistics hub for its Indian Ocean operations. In addition, the United States has deployed several major naval task forces there, including Combined Task Force 152 (currently operated by the Kuwait Navy), which is focusing on illicit non-state actors in the Arabian Gulf, and Combined Task Force 150 (currently commanded by the Pakistan Navy), which is tasked with Maritime Security Operations (MSO) outside the Arabian Gulf with an Area of Responsibility (AOR) covering the Red Sea, Gulf of Aden, Indian Ocean and the Gulf of Oman. France, meanwhile, is perhaps the last of the major European powers to maintain a significant presence in the north and southwest Indian Ocean quadrants, with naval bases in Djibouti, Reunion, and Abu Dhabi.
    And, of course, China and India both also have genuine aspirations of developing blue water naval capabilities through the development and acquisition of aircraft carriers and an aggressive modernization and expansion programme.
    China’s aggressive soft power diplomacy has widely been seen as arguably the most important element in shaping the Indian Ocean strategic environment, transforming the entire region’s dynamics. By providing large loans on generous repayment terms, investing in major infrastructure projects such as the building of roads, dams, ports, power plants, and railways, and offering military assistance and political support in the UN Security Council through its veto powers, China has secured considerable goodwill and influence among countries in the Indian Ocean region.
    And the list of countries that are coming within China’s strategic orbit appears to be growing. Sri Lanka, which has seen China replace Japan as its largest donor, is a case in point—China was no doubt instrumental in ensuring that Sri Lanka was granted dialogue partner status in the Shanghai Cooperation Organization (SCO).
    To the west, Kenya offers another example of how China has been bolstering its influence in the Indian Ocean. The shift was underscored in a leaked US diplomatic cable from February 2010 that was recently published by WikiLeaks. In it, US Ambassador to Kenya Michael Ranneberger highlighted the decline of US influence in East Africa’s economic hub, saying: ‘We expect China’s engagement in Kenya to continue growing given Kenya’s strategic location…If oil or gas is found in Kenya, this engagement will likely grow even faster. Kenya’s leadership may be tempted to move close to China in an effort to shield itself from Western, and principally US pressure to reform.’
    The rise of China as the world’s greatest exporter, its largest manufacturing nation and its great economic appetite poses a new set of challenges. At a meeting of South-East Asian nations in 2010, China’s foreign minister Yang Jiechi, facing a barrage of complaints about his country’s behaviour in the region, blurted out the sort of thing polite leaders usually prefer to leave unsaid. “China is a big country,” he pointed out, “and other countries are small countries and that is just a fact.”
    Indeed it is, and China is big not merely in terms of territory and population, but also in military might. Its Communist Party is presiding over the world’s largest military build-up. And that is just a fact, too—one that the rest of the world has to come to terms with.
    China’s defence budget has almost certainly experienced double-digit growth for two decades. According to SIPRI, a research institute, annual defence spending rose from over $30 billion in 2000, $120 billion in 2010 to almost $229.4 billion in 2021. SIPRI usually adds about 50% to the official figure that China gives for its defence spending, because even basic military items such as research and development are kept off budget. Including those items would imply total military spending in 2021, based on the latest announcement from Beijing, would be around $287.8 billion.
    This is not a sum India can match and the last thing we need to get caught in is a numbers game. A one-party dictatorship will always be able to outspend us, even if our GDPs get closer.
    But history tells us again and again that victory is not assured by superiority in numbers and even technology. If that were to be so, Alexander should have been defeated at Gaugamela, Babur at Panipat, Wellington at Waterloo, Russia at Leningrad, Britain in the Falklands, and above all Vietnam who defeated three of the world’s leading powers – France, the USA and China – in succession. I don’t have to tell you that victory is more a result of strategy and tactics. Numbers do matter, but numbers are not all. Technology does matter, but technology alone cannot assure you of victory. It’s always mind over matter. You know these things better than most of us. You also know what to do. As the old saying goes: “When the going gets tough, the tough get going!”
    That said, the threat from China should not be exaggerated. There are three limiting factors. First, unlike the former Soviet Union, China has a vital national interest in the stability of the global economic system. Its military leaders constantly stress that the development of what is still only a middle-income country with a lot of very poor people takes precedence over military ambition. The increase in its military spending reflects the growth of the economy, rather than an expanding share of national income. For many years China has steadily spent the same proportion of GDP on defence (a bit over 1.7%, whereas America spend about 3.7% in the year 2020-21).
    The real test of China’s willingness to keep military spending constant will come when China’s headlong economic growth starts to slow further. But in the past form, China’s leaders will continue to worry more about internal threats to their control than external ones. In 2020, the Chinese spending on internal security was $212 billion. With a rapidly ageing population, it is also a good bet that meeting the demand for better health care will become a higher priority than maintaining military spending.
    Like all the other great powers, China faces a choice of guns and butter or more appropriately walking sticks. But till then it is: Nervi belli pecunia infinita or unlimited money is the muscle of war.
    India on the other hand will keep growing long after China has stopped growing. Its youthful population and present growth trends indicate the accumulation of the world’s largest middle class in India. India’s growth is projected to continue well past 2050. In fact so big will this become, that India during this period will increasingly power world economic growth, and not China. In 2050, India is projected to have a population of 1.64 billion and of these 1.3 billion will belong to the middle and upper classes. The lower classes will be constant at around 300 million, as it is now.
    India already has the world’s third-largest GDP. Many economists prophesize that in 2050 it will be India that will be the world’s biggest economy, not China. In per capita terms, we might still be poorer, but in over GDP terms, we will be bigger.
    According to a study by IHS Markit, a subsidiary of S&P Global, India will be the world’s third-largest economy by 2030. Indian GDP in 2030 is projected to be $8.4 trillion. China, in second place, will have a GDP of $ 33.7 trillion and the US $ 30.4 trillion. As we say in India, aap key muh mein ghee aur shakhar.  Both incidentally now deemed bad for health.
    Now comes the dilemma for India. Robert Kaplan writes: “As the United States and China become great power rivals, the direction in which India tilts could determine the course of geo-politics in Eurasia in the 21st century. India, in other words, looms at the ultimate pivot state.” At another time Mahan noted that India, located in the centre of the Indian Ocean littoral, is critical for the seaward penetration of both the Middle-east and China.
    Now if one were an Indian planner, he or she would be looking at the China Pakistan axis with askance. India has had conflicts and still perceives threats from both, jointly and severally. The Tibetan desert, once intended to be India’s buffer against the north now has become China’s buffer against India. The planner will not be looking at all if he or she were not looking at the Indian Ocean as a theatre. After all, it is also China’s lifeline and its lifeblood flows here.
    Now if one were a Chinese planner, he or she would be looking with concern over India’s growth and increasing ability to project power in the IOR. The planner will also note what experts are saying about India’s growth trajectory. That it will be growing long after China gets walking sticks. That it is the ultimate pivot state in the grand struggle for primacy between the West led by the USA and Japan, and China.
    What will this planner be thinking particularly given the huge economic and military asymmetry between China and India now? Tacitus tells it most pithily. That peace can come through strength or Si vis pacem para bellum. While China has ratcheted up its show of assertiveness in recent years, India has been quietly preparing for a parity to prevent war. Often parity does not have to be equality in numbers. The fear of pain disproportionate to the possible gains, and the ability of the smaller in numbers side to do so in itself confer parity.
    There is a certain equilibrium in Sino-Indian affairs that make recourse to force extremely improbable. Both modern states are inheritors of age-old traditions and the wisdom of the ages. Both now read their semaphores well and know how much of the sword must be unsheathed to send a message. This ability will ensure the swords remain recessed and for the plowshares to be out at work.
    Finally, I would be remiss if I did not say something about the centrality of the Indian Navy to our future. Nothing says it better than what Theodore Roosevelt said a century ago: “A good Navy is not a provocation to war. It is the surest guarantee of peace!”
    Featured Image Credit: Indian Navy
  • China’s New Land Border Law

    China’s New Land Border Law

    On October 23, 2021, the Standing Committee of the National People’s Congress, the highest legislative body of the People’s Republic of China passed the Land Boundary Law along adding to its new Maritime Law as well as China Coast Guard Law passed earlier in 2021, which shows China’s intention in pursuing an aggressive policy on its territorial claims. The land boundary law came into effect on January 1, 2022. The law is likely motivated partially by the possible implications over developments in Afghanistan that could potentially have a destabilising effect in Xinjiang, growing violence in Myanmar-China border but more by the India-China geopolitical tussle.  The timing of the law is clearly related to the escalating border tensions with India and in the South China Sea. India and China have been engaged in border stand-off since May 2020.[i] Closer scrutiny of this law, consisting of 62 articles in seven chapters, indicates that China is stepping up its aggressive tone when it comes to border disputes, demonstrated by its rhetoric that China will “resolutely defend territorial sovereignty and land border security.”[ii] It states that the main aim of the law is to “standardise and strengthen the security and stability of land borders” and “safeguard national sovereignty, security and territorial integrity.”[iii] In other words, Beijing will take all measures to safeguard its interests within its specified borders by any means be it military or economic. The law effectively uses a civil-military fusion strategy emphasising improvement of public services and infrastructure along the borders as also incorporating the local population in territorial defence. The law prohibits any party from engaging in any border activities which would “endanger national security or affect China’s friendly relations with neighbouring countries”.[iv]

    Zhang Yesui, a spokesperson for the National People’s Congress stated that the law became necessary to safeguard China’s interests at the border and to regulate national borders, border defence management, and international cooperation in border affairs.[v] This law has serious implications for all 14 countries sharing borders with China. By incorporating the sovereignty claim over disputed territories China has effectively legitimised the use of force along its 22,4577 kilometres of borders as of January 01, 2022. Even though China has guaranteed that these laws aren’t meant to dislodge any international laws and treaties, it is evident that China is adopting aggressive policies to attain its goals.

    The new law has serious implications for India. Firstly, since the 1962 war, the Line of Actual Control (LAC) is the de facto border between India and China, and both countries have different interpretations of the LAC over at least 13 different locations.[vi] Article 4 of the law states China’s sovereignty and territorial integrity as sacred and inviolable and applies this dictum to the disputed territories.[vii] Thus this law makes the earlier agreement of Peace and Tranquillity along the disputed Sino-India border almost irrelevant.  Secondly, the law forbids any form of construction of facilities “near” China’s border. This is elucidated in Article 10 deals with border defence construction including its river waters management under the term flood control. These issues are deliberately kept vague, and they could interfere with any form of construction on the border. This could again become contentious as both the countries are engaged in an “infrastructure arms race” on their sides of the border. Thirdly, the new law has made a special mention of the role of civilians concerning the development of villages and towns in the borderlands. The law reflects China’s intention to increase civilian settlements bordering India, Nepal, and Bhutan.[viii] This move goes in tandem with China’s agenda of “developing the border regions, enriching the local people” introduced in 1999 and is seen as a strategy to legitimise its territorial claims.[ix]

    The law has a problematic stance with international law, as Beijing is circumventing these by enacting domestic laws to give it legal backing for its unlawful actions. It shows that international law is ineffective against powerful states. The new law goes against the ethos of the Vienna Convention on Law of Treaties of 1969 (VCLT), which is an instrument that regulates the treaties between states. It establishes internationally recognised norms of behaviour by states in crisis or conflict situations. It is important to note that under the general principles of international law, unilateral declarations do tend to have a legal character of their own as explained under the Law of Treaties. It is imperative that such unilateral declarations must not affect the rights of other states and must go through two different stages to be considered legally acceptable. Firstly, there should be a unilateral statement by an actor and secondly, the said statement must either be accepted by the party/parties concerned or must go unchallenged. In this case, several parties have issues with China’s new land border law.[x]

     As Beijing’s ‘Land border law’ came into effect on January 1st, the PLA released a propaganda video showing the Chinese flag and soldiers in the Galwan valley, with a banner reading ‘never yield an inch of land’. Earlier China released a statement renaming 15 places in India’s border state of Arunachal Pradesh. Chinese maps have consistently shown the entire state of Arunachal Pradesh, Barahoti plains in Uttarakhand, and areas up to the 1959 claim line in Ladakh as its territory.[xi] China will use the new law to claim these areas as its sovereign territory thus deeming it non-negotiable. It is playing realpolitik to increase pressure on India by escalating the friction points.[xii] The current situation at the India-China border has the potential to spiral out of control, as both sides are deploying heavy armaments and forces on the border, and in essence, the new law makes the border dispute a ticking time-bomb with far-reaching consequences for the world.

    Reference

    [i] Philip, Snehesh Alex. “Chinese Troops Challenge India at Multiple Locations in Eastern Ladakh, Standoff Continues.” ThePrint, 24 May 2020, https://theprint.in/defence/chinese-troops-challenge-india-at-multiple-locations-in-eastern-ladakh-standoff-continues/428304/.

    [ii] Wei, Changhao. “NPCSC Adopts New Laws on Family Education and Land Borders, Amends Audit Law & Authorizes New Regulatory and Military Reforms.” NPC Observer, 18 Nov. 2021,https://npcobserver.com/2021/10/26/npcsc-adopts-new-laws-on-family-education-and-land-borders-amends-audit-law-authorizes-new-regulatory-and-military-reforms/.

    [iii]  Panag , Lt Gen H S. “China’s Land Border Law Is More Sinister than It Lets on. India Needs a Course Correction.” ThePrint, 11 Nov. 2021, https://theprint.in/opinion/chinas-land-border-law-is-more-sinister-than-it-lets-on-india-needs-a-course-correction/764463/.

    [iv] 13th National People’s Congress. “Land Border Law of the People’s Republic of China.” The National People’s Congress of the People’s Republic of China, 23 Oct. 2021, http://www.npc.gov.cn/npc/c30834/202110/5a3d27747cc542f8bcde9030a83218e2.shtml.

    [v] Huang, Kristin. “What ‘New Challenges’ Does China’s New Border Defence Law Aim to Tackle?” South China Morning Post, 31 Oct. 2021, https://www.scmp.com/news/china/diplomacy/article/3154139/what-new-challenges-does-chinas-new-border-defence-law-aim.

    [vi] Fravel, Taylor M. “Analysis | Why Are China and India Skirmishing at Their Border? Here’s 4 Things to Know.” The Washington Post, WP Company, 2 June 2020, https://www.washingtonpost.com/politics/2020/06/02/why-are-china-india-skirmishing-their-border-heres-4-things-know/.

    [vii] Kalita, Jayanta. “China’s New Border Law Could Further Complicate Boundary Disputes”, The Irrawaddy, November 22, 2021.  https://www.irrawaddy.com/opinion/guest-column/chinas-new-border-law-could-further-complicate-boundary-disputes.html

    [viii] Pasricha, Anjana. “Chinese Border Villages in Disputed Territory Put India on Alert.” VOA, 2 Apr. 2021, https://www.voanews.com/a/east-asia-pacific_voa-news-china_chinese-border-villages-disputed-territory-put-india-alert/6204062.html.

    [ix] Jianqiang, Yang. “Deputy Director of the National Ethnic Affairs Commission, Answered Questions from the Chinese Government Website on the ‘Eleventh Five-Year Plan’ for the Action to Promote Frontiers and Enrich the People.” Central Government Portal, 18 June 2007, http://www.gov.cn/zwhd/2007-06/18/content_652065.htm.

    [x] Pandey, Utkarsh. “The India-China Border Question: An Analysis of International Law and State Practices.” ORF, 23 Dec. 2020, https://www.orfonline.org/research/the-india-china-border-question/.

    [xi] “China’s new border laws implemented under Galwan video: All you need to know about the legislation and why is it a concern for India.” Firstpost, January 03, 2022.  https://www.firstpost.com/india/chinas-new-border-laws-implemented-amid-galwan-video-all-you-need-to-know-about-the-legislation-and-why-is-it-a-concern-for-india-10253481.html

    [xii] Siddiqui, Huma. “China continues its belligerence, renamed 15 places in Arunachal: India should expect more such actions, say experts”, Financial Express, December 31, 2021. https://www.financialexpress.com/defence/china-continues-its-belligerence-renamed-15-places-in-arunachal-india-should-expect-more-such-actions-say-experts/2395218/

     

    Feature Image Credi: Global Times

    Map Credit: jagranjosh.com

  • Democracy in Retreat: India’s declining Parliamentary Practices and Debates

    Democracy in Retreat: India’s declining Parliamentary Practices and Debates

    Abstract

    The Indian Political climate is always one of enormous diversity and vibrancy. In recent times it has tended to become politically charged with extreme ideologies. In 2014, the Bhartiya Janata Party (BJP) came to power with a landmark majority, which it sustained in the following 2019 general elections. In the time that the Bhartiya Janata Party has been in power, there have been popular protests and reports that give rise to apprehensions that the democratic practices of India are in serious decline.  This paper analyses whether the government led by the BJP is functioning more as a majoritarian entity that disregards democratic norms. In doing so it aims to answer the primary question of whether there is erosion in adherence to constitutional mechanisms in policymaking and carries out a review of the educational realm with regards to allegations of bypassing democratic and constitutional norms. The research is based on primary and secondary sources and mixed methodology: collation and analysis are based on already existing data with a mixed focus on quantitative and qualitative aspects. For the former, numerical data has been gathered from official government sites while the latter is drawn from pre-existing literature, published research papers and journal articles. The paper concludes by affirming the thesis and supports the argument that anti-democratic trends are indeed present in the Indian Governmental apparatus.

     

    Introduction

    Bhartiya Janata Party (BJP) came to power gaining a spectacular single-party majority in the general elections of 2014, the first in nearly three decades (Jaffrelot, 2019). This success was replicated in the Lok Sabha elections of 2019 which marked two full consecutive terms of the BJP regime for the first time. This is also the first time in nearly three decades that a single-party majority government is in power since 2014.

    India is, for long, seen as the World’s largest Democracy. Although this is a well-known tag bestowed to India, with the vast diversity of thought, ideologies and practices adopted by different governments there have been times in Indian political history where the actions of governments do not align with the overarching democratic values at large.

    A relevant instance of the same is the 1975 declaration of Emergency under Prime Minister Indira Gandhi. Dubbed as one of the darkest times of Indian democracy, this period witnessed civil liberties being harrowingly curbed and journalistic freedom and opposition faced a draconian crackdown. Gyan Prakash, a historian and a scholar, reflects upon this event under Congress rule in a way that has significance when analysing the political happenings of contemporary times.  The essence of his work is that the Emergency was brought on by a larger reason than an individual’s quest for power (Prakash, 2019); he asserts that Indian democracy’s strained relationship with popular politics is to blame. There is then merit in assessing how Indian Democracy may be vulnerable to subversion and the extent to which structural issues in the democratic framework are being exploited currently by the BJP, the party in power.

    The decline in adhering to Democratic norms under the BJP Rule

    In the recent past, three international reports have suggested that the democratic nature of the Indian nation-state is on a decline.
    Freedom House, a non-profit think tank located in the United States, downgraded India from a free democracy to a “somewhat free democracy” in its annual report on worldwide political rights and liberties. The V-Dem Institute, based in Sweden, in its most recent study on democracy, claimed that India has devolved into an “electoral autocracy. Additionally, India fell two spots to 53rd place in The Economist Intelligence Unit’s recent Democracy Index (Biswas, 2021).

    These reports, however, are of international origins and subject to an ethnocentric view of what constitutes democracy and democratic practices. Although they are worth mentioning, their evaluation cannot be fully accepted at face value.

    The sentiments of this report however do find echoes on the national front. A recent event wherein the ruling government was criticised internally for showcasing a lack of democratic conduct was with regards to the new National Education Policy.

    National Education Policy 2020 was unveiled on July 30, 2020. In 2017, the Ministry of Human Resource Development (MHRD) formed a committee chaired by Dr K. Kasturirangan (former chairman of ISRO) to review the existing education policy and submit a new proposal (Ministry of Human Resource Development, Government of India, 2020). The committee circulated a draught NEP for public comment in the year 2019, the edited version of the same is expected to replace the decades-old 1986 Policy on Education.

    Some key features of the NEP 2020 include restructuring and reform of school curriculum, changes to curriculum content, the aim to achieve foundational literacy, and ensure that the children who enrol in schools are retained in the system and finish their schooling rather than dropping out and more (Ministry of Human Resource Development, Government of India, 2020) .

    The reforms and restructuring that the NEP suggests have the potential to elevate India to the status of a desirable educational hub. It offers a welcome and refreshing change from the rote learning patterns and administrative limitations that have so far dominated the educational realm.

    The policy thus cannot be denied credit where it is due. There are, however, some strong critiques levelled against the NEP by scholars, educators, opposition and students alike. The nature of these critiques signals the idea that some anti-democratic elements underlie the policy and its construction.

    The first of these criticisms is against the centralisation of education while the second criticism concerns itself with the lack of commitment to a secular curriculum. The Constitution had mandated education as a state subject, which was later amended to make it a concurrent subject thus bringing in a stronger role for the Union government. This amendment is seen as a blow to the federal structure of the country. The NEP is fully dominated by the Centre thus making the states mere bystanders.

    Opposition ruled states have questioned the need for the NEP to take effect during the Covid 19 pandemic and levelled a range of accusations. The Delhi Education Minister stated that the NEP lacks mention of the government-run school system and that he believes the policy will pave the way to privatize education, which is a concern as it will create a situation where not all can have access to high-quality education. The Chhattisgarh chief minister commented along similar lines alleging that the fine print of the NEP displayed no space for state concerns nor any tangible improvement in educational quality.  In Rajasthan, a three-member committee was formed to analyse and evaluate the NEP, working off their findings Rajasthan’s Education minister expressed concern regarding the funding of the policy and raised the question of lack of clarity regarding the 6% GDP being attributed to the educational realm (Sharma, 2020).

    The contention regarding NEP also stems from the fact that Education is on the concurrent list. The Sarkaria commission, set up in 1983 by the central government stated that to pass a law on a concurrent list subject, the union government should ensure that the states have been adequately brought into the folds of discussion and weight is given to their opinions during consultation. The NEP 2020 is, however, not a law and is a policy, therefore it does not fully fit into the ambit of this suggestion.  It is perhaps the content of the policy that has created furore from the states regarding not being adequately consulted (Menon, 2020).

    The educational sector is one where the states have had tremendous sway and many practicalities fall within the state jurisdiction, additionally, 75-80 per cent of the expenditure is accounted for by the state (Jha, 2019).

    The NEP in contrast to previous national policies was approved by the Union Cabinet and did not go through the parliament. Thus, the level to which states accept it and subsequently the larger question of how well Indian federalism is operating comes under scrutiny.

    Prior to the 42nd Amendment in 1976- Education remained on the state list. Through an amendment made in 1976 to Schedule VII of the constitution, education was shifted to the concurrent list upon the recommendation of the Swaran Singh Committee. This move was regarded as an avenue to empower the centre with centralised policymaking advantages.

    Some experts find parallels between the dark Era of Democracy, the period of emergency under Indira Gandhi, and the current government under the BJP. The 1976 provisions under Prime Minister Indira Gandhi saw the transfer of five state subjects to the concurrent list, including the education sector. This has been identified as the foundation on which NEP stands and thereby has been interpreted as having a basis that does not align with constitutional democratic values (Raveendhren, 2020).

    The relationship between the States and the Union government concerning all educational policies from the eve of independence until the NEP 2020 has undergone noticeable changes. NEP 1968 gave a primary role to the state while the union government committed to assisting states (Menon, 2020). On the other hand NEP 1986, in the aftermath of the Emergency and on the recommendation of the Sarkaria committee, put forth a vision for partnership between the union and the states. NEP 2020, mentions neither of these, assumed to have taken the approval of the states for granted.

    The second major critique of NEP that implies an anti-democratic approach brings to the forefront the proposed curricula for moral values. The Indian Nation state adopted a form of secularism that rested on the strategy of non-interference. This form of secularism espouses that the state and religion are not completely and wholly separated. Instead, it proposes an equidistance of the state from all religions and accordance of equal respect to them without favour or priority being given to one over another.

    One of the ways in which the ideal of Indian secularism is affirmed is through the education system. According to article 28 of the Indian constitution Governmental educational institutes in India do not permit the dissemination of religious instruction, however, they do not prohibit religious text or books from being used in the classroom (Gowda C. , 2019). This is most often noticeable in the literature curriculum where devotional poetry is present. Tulsidas, Kabir to Malik Muhammad Jayasi to even John Henry Newman are all often included and studied. The inclusion of various religious poets and works from a variety of religions reflects the attempt made by the Indian educational system to embody the constitutional ideal of secularism. It is of course debatable and subject to change the extent to which each school adheres to upholding this secular and diverse teaching, although there is a commitment to the ideal, nonetheless.

    The second critique against NEP can be understood against this background. In a section termed inspiring lessons from the literature and people of India, stories of Panchatantra, Jataka, Hitopadesha etc are mentioned. Critics assert that these stories come from an unequivocal Hindu background and a secular curriculum should ideally have included Aesop’s Stories and Arabian Nights as an equal part of Indian folklore.

    They emphasize the importance of this measure to ensure that all students, no matter their faith feel represented and included in the classroom and the moral imagination of pupils are shaped to respect diversity and tolerance.

    Education: Policy Changes in Academia

    The NEP controversy hints at some concerns in the larger system of education. The BJP government which has been in power since 2014 has enacted several policies, laws and acts, and much like all governments has garnered appreciation and criticism alike. It is the content of the critical claims that warrant discussion, for much of the disapproval claims that democratic and secular ideals of the Indian nation are being cast aside.

    A recent contention arose due to the decision of CBSE to reduce the curriculum to alleviate student pressure on the line forum. The Central Board of Secondary Education announced a 30 per cent reduction in the curriculum. One of the concerns is that under this provision, chapters on federalism, secularism, democratic rights need not be taught in class 12 (Sanghera, 2020). Class 10 political science syllabus also saw the removal of chapters such as “popular struggles and movements” and “democracy and diversity”.

    These omissions have invited considerable disapproval from scholars and experts across fields. The former director of the National Council of Education Research and Training commented that the cuts have rendered some remaining topics “incomprehensible”. Educators on the ground state discontent with the removal of topics for they believe it to promote self-reflection and criticality (Sanghera, 2020).

    The rewriting of textbooks has persisted at state levels before the 2014 elections and is not a novel phenomenon. In BJP ruled states it can be noted that a counter idea of history is underway in educational texts. In this exercise, some ideologically conservative Hindu organisations have been accorded more space and appreciation for their contributions, however, the educational attention accorded to ideals of secularism and so forth has been minimized.

    In Gujrat for instance as far back as 2000, there was a move that made it compulsory for teachers to attend Sanskrit training camps in preparation for when the subject would be made mandatory.

    The focus on the educational sphere and the changes that occur in it are of significance because the policies of the state in such realms are not divorced from the Indian climate and foster a culture of tolerance at large.

    In recent times, experts have raised some concerns regarding the qualifications of those in high governmental positions. The Prime Minister of the country stated his belief regarding the roots of cosmetic surgery and reproductive advancements of modern times as having already existed in ancient India (Rahman, 2014). Drawing upon the Sanskrit epic of Mahabharata, he spoke of genetic science as an explanation for the birth of Karna and cosmetic surgery as an explanation for the physique of Ganesha- an elephant-headed Hindu God. The Minister of Science and technology in 2018 stated at the 105th edition of the Indian Science Congress, that Stephen Hawking went on record to assert that the Vedas, a body of Indian scripture, had a theory that superseded Einstein’s famous E=mc2 theory of relativity (Koshy, 2018).

    In contrast, the first National Democratic Alliance headed by Atal Bihari Vajpayee demonstrated an affinity for learning and scientific rigour. M.M. Joshi, the Human Resource Development Minister for instance had completed a doctorate in physics. George Fernandes, Yashwant Sinha and Lk Advani are among some other examples of cabinet ministers who were profoundly involved with academia on public policy and history. Some members of the government such as Jaswant Singh and Arun Shourie also authored some works (Guha, 2019).

    Since it is noticeable that some policies of the ruling government have garnered critique, perhaps the logical next step is to evaluate the process of policymaking as it has shaped up in the last 7 years.

    Institutional norms and parliamentary procedures in India, especially for legislation making are designed to ensure space for debate, discussion and dissent. This operates as a system where all decisions are subjected to scrutiny by the people’s representatives. To that end, adherence to parliamentary procedure is an indicator of a government’s treatment of and respect for democracy. To carry out any analysis of this sort in an objective manner, one must first ascertain what exactly constitutes an ideal parliamentary procedure.

    Parliamentary Procedure on Legislation Making: How Does A Bill Become An Act?

    Acts usually start as bills which simply put, is the draft of a legislative proposal. This bill may be introduced by public members or private members and requires passing in the Lok Sabha and Rajya Sabha as well as the president’s assent to become a law.

    There are (Lok Sabha Secretariate, 2014) three stages through which a bill is passed in the parliament: these are known as the first, second and third reading respectively.

    For the First Reading, the speaker puts forth the request for leave of the house, which if granted is used to introduce the bill. Following this stage is the second reading which entails general discussion. It is during this stage that the House may choose to refer the bill to a parliamentary committee for further input or even circulate it to gauge public opinion. During the second reading, parliamentary procedure states that a clause-by-clause reading must proceed, and it is during this time amendments are moved. The second reading concludes with the adoption of ‘Enacting Formula’ and ‘Long Title of the Bill’. The next stage is the third and the last reading. At this Juncture, debates for and against the bill take place. For an ordinary bill, only a simple majority of the members present, and voting suffices, however for a constitutional amendment bill, in keeping with article 368 of the constitution, a majority of the house’s total members and at least 2/3rd members present, and voting is deemed necessary. Once this process is complete, the bill is sent to the other house of the parliament and goes through the same stages after which is referred to the president for his assent.

    Analysis of Parliamentary Procedure under the BJP Government

    With the great furore over the recent Monsoon session of the parliament, opposition leaders and journalists have expressed dissatisfaction with the government’s treatment of parliamentary procedure.

    The monsoon session of the parliament is one example where a couple of mechanisms that have increasingly been used as of late signify a subversion of the democratic process (Brien, Autocratic Government doesn’t want Parliament to Function, 2021).

    The first of these is the misuse of Article 123 also known as the Ordinance Route. Article 123 of the constitution permits the president to enact a temporary law in the event of urgent and unavoidable circumstances.

    During the first 30 years of our parliamentary democracy, for every 10 bills in the parliament, one ordinance was issued. In the following 30 years, this number went to 2 ordinances per every 10 bills. In the BJP Government’s first term from 2014-2019, this number went up to 3.5 ordinances per every ten bills. For perspective, while 61 ordinances were issued under the UPA government spanning ten years the BJP-led NDA government issued 76 ordinances in a time frame of 7 years spanning from May 2014 to April 2021. It is also useful to note that ten of these ordinances were issued right before the 2019 Lok Sabha elections (Gowda M. R., 2021).

    As many as 11 ordinances have been passed since March 24th, 2020, which is when the lockdown was imposed. Five of these relate to covid 19, two to the health sector, every other ordinance such as the Banking Regulation Amendment and the Agriculture bills do not have anything to do with the coronavirus pandemic (Brien, The ordinance raj of the Bharatiya Janata Party, 2020).

    Another practice that raises serious concern relates to the issue of repromulagation. However, it is important to note that the recourse to ordinance route and repromulgation is not an exclusively BJP action. Before the year 1986, no central government was known to have issued a repromulagation and this method came into view during the Narasimha Rao government in 1992. This was the landmark time frame that one can trace the trends of repromulagation as originating from.

    As far as the ordinances are concerned, they are an emergency provision, however, many governments have used them with an almost immoral frequency (Dam, 2015). According to PRS Legislative Research’s reports, average ordinances issued could be placed at around 7.1 per year in the 1950’s while in the 1990s there was a marked increase to an average of 19.6 per year. The 2010s witnessed a dip in the trend with an average number of ordinances being 7.9 per year (Madhvan, The Ordinance route is bad, repromulgation is worse, 2021). This number has unfortunately risen again in recent years with an average number of ordinances numbering 16 in 2019 and 15 in 2020.

    The issue of repromulagation of ordinances was brought up in the Supreme Court and was deemed as an unconstitutional practice in January of 2017 by a bench of seven judges. This judgement decisively stated that repromulagation of ordinances was an unconstitutional practice that sought to subvert the constitutionally prescribed legislative processes (Madhvan, The Ordinance route is bad, repromulgation is worse, 2021).

    States have also used ordinances to pass legislation. A non-BJP ruled state Kerala, for example, published 81 regulations in 2020, whereas Karnataka issued 24, and Maharashtra issued 21. Kerala has also re-promulgated ordinances: between January 2020 and February 2021, one ordinance to establish a Kerala University of Digital Sciences, Innovation, and Technology was repromulgated five times (Madhvan, The Ordinance route is bad, repromulgation is worse, 2021).

    Although previous administrations and other states have utilized ordinances to undermine the constitutional process, the problem is decidedly amplified under the present rule with regards to the number of ordinances produced per given period.

    This sort of rise in ordinances being issued points to a trend of avoiding in-depth critical evaluation and discussion on proposals by rushing them into becoming acts.

    One of the most controversial ordinances in the recent past pertains to the three farm laws which now stand repealed after year-long demonstrations and protests at the Singhur border by farmers. The reason for not introducing these proposals in the parliament and instead enacting ordinances is unclear for there seems to be no urgent link to the covid 19 pandemic. Additionally, the farm bills not being subjected to any discussions nor being referred to parliamentary committees for any further report making has led to removing any possibility for amendment. These laws provide a useful avenue to assess why the bill was not passed through a proper parliamentary process and instead rushed through the ordinance. This assumes critical relevance since agriculture is essentially a state subject, and the States were not consulted on the farm laws.

    The ordinance culture has also extended to BJP run states, for instance, Uttar Pradesh, Madhya Pradesh, and Gujarat adopted ordinances weakening labour laws without consulting workers’ unions or civil rights organisations during the lockdown. Moreover, this was followed up on 15th March 2020, when colonial-era legislation was enacted as an Ordinance. This was the Uttar Pradesh Recovery of Damages to Public and Private Property ordinance which would heavily fine any damage to property, public or private during a protest.

    Under the BJP-led NDA rule, there has been slim or no involvement of parliamentary committees. Parliamentary committees are key in assessing a proposal with necessary scrutiny and expertise.  These committees provide a place for members to interact with subject experts and government officials while they are studying a bill (Kanwar, 2019).

    60 per cent of proposals were referred to Standing or Select Committees during the United Progressive Alliance’s first term. During the UPA-II administration, this rose to 71 per cent. Modi’s first term from 2014-19 had a 27 per cent reference rate, while his second term so far has only a 12 per cent rate (Gowda M. R., 2021). Not only is there a blatant and marked disregard for referring bills to parliamentary committees, but the administration has also actively worked to hinder committee work. A meeting of the Parliamentary Standing Committee on Information Technology on July 28, 2021, had to be cancelled owing to a lack of quorum when 15 BJP members refused to sign the attendance register. It is speculated this was to avoid the discussion on the Pegasus scandal.

    Monsoon Session of Parliament 2021 and other Statistics

    Adherence to the parliamentary procedure can be gauged through a wide avenue of categories including but not limited to hours lost to disruptions, adjournments, the productivity of each session, time spent on deliberation and so on.

    A record number of 12 bills were passed by the parliament in the first 10 days of the monsoon session. All these bills were passed by a voice vote which is widely viewed as a largely inaccurate mechanism to assess supporters of a particular proposal. None of these 12 bills nor the overall 14 bills was referred to standing committees for in-depth analysis.  According to TMC leader (Brien, 2021), Derek O’Brien in the monsoon session bills were rushed through and 12 bills were passed at an average time of under 7 minutes per bill (Brien, Indian Express, 2021). In the same vein, BSP MP Danish Ali commented that the Essential Defence Services Bill was passed in less than 10 minutes (Nair, 2021).

    Since 2014, the 2021 monsoon session of the parliament ranks the third highest in terms of time lost to forced adjournments and interruptions. In this session, the number of sitting hours was, unfortunately, lower than the number of hours lost to disruptions which came to be around 74.46 hours.

    The lack of debates on bills has become a major controversy. With a per bill time of fewer than 10 minutes, 14 new bills were passed in the monsoon session, a worrying number that indicates no involvement of the parliamentary committees, and no sustained debates, a feature essential to provide checks to freehand power (Radhakrishnan, 2021).

    The time accorded to bill discussion is another avenue to assess the functioning of parliamentary procedure. In 2019, the average time spent on bill discussion stood at 213 minutes. At present, it stands at 85 minutes. Furthermore, in the 16thand 17th Lok Sabha, which subsumes the two terms of the Bhartiya Janata Party, 27% and 12% bills respectively were referred to parliamentary committees. In contrast during the 14th Lok Sabha (17 May 2004 – 18 May 2009) 60% of the bills were referred to parliamentary committees, and 71% of the bills were referred to the parliamentary committees for discussion in the 15th Lok Sabha (2009-14).

    With regards to the passing of bills, around 18% of the bills were introduced and passed in the same session in the 15thLok Sabha. In the 16th Lok Sabha (2014-2019) this number jumped to 33 per cent while in the 17th one it increased drastically to 70%, indicating the lack of debate.

     

    Conclusion

    This paper has attempted to evaluate primarily the basic question of whether constitutional methods have been followed in policymaking under the Bhartiya Janata Party’s tenure. In doing so it has analysed the educational realm beginning from the recent criticisms against the NEP. These critiques highlighted that a centralised decision-making structure that is detrimental to federal values is visible alongside a lack of focus on secular education. Additionally, statements from top officials, policies of CBSE, and those responsible for the change in curriculum hint that policies of late seem to have an aim of fostering educational sensibilities that further an ideological agenda of the ruling party. The paper also attempted to broaden its lens to assess the larger process of policymaking and legislation. Herein it was determined that there is an incongruity between the parliamentary procedures of recent years and the constitutional norms. This includes the statistics that highlight a growing recourse to ordinances, the curtailing of question hour, minimal involvement of parliamentary committees and the excessive use of voice vote. The state of affairs in India at the moment stands to suggest that parliamentary procedures do not adhere to constitutional norms, and thus there is a reason for apprehension as this trend could give way to majoritarian politics and set precedent for unethical conduct in the political realm at large.

     

     

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  • Democracy and Legislation: Lack of Parliamentary Debates negates the Constitution and accountability to the People

    Democracy and Legislation: Lack of Parliamentary Debates negates the Constitution and accountability to the People

    Democratic principles have long been accepted as the cornerstone of Free India. Reaching beyond a mere organizational setup, democracy has been treated as the ideal through which equality and justice are sought to be ensured for the people.

    Despite the well-recognised principles of equity and transparency in the practice of democracy, it is well established that various Governments, on many occasions in independent India’s history, have resorted to flouting constitutional democratic principles for personal gain; the widely criticized imposition of emergency under Indira Gandhi is one such example. It evident that the Indian people are once more confronted by a situation where the government of the day is guilty of flouting of democratic norms. This article examines various instances of current parliamentary practices in this context.

    60 per cent of proposals were referred to Standing or Select Committees during the United Progressive Alliance’s first term. During the UPA-II administration, this rose to 71 per cent. NDA’s first term from 2014-19 had a 27 per cent reference rate, while it’s second term, so far, has only 12 per cent rate.

    Institutional norms and parliamentary procedures in India, especially for legislation making are designed to ensure space for debate, discussion and dissent. This operates as a system where all decisions are subjected to scrutiny by the people’s representatives. To that end, whether a ruling party adheres to parliamentary procedure speaks volumes about the respect accorded to to the constitution and democracy at large. To analyse whether the current government is adhering to parliamentary procedures and by extension, if it is truly democratic, one must first ascertain what exactly constitutes the ideal parliamentary procedure.

    Parliamentary Procedure on Legislation Making: How Does A Bill Become An Act

    Acts usually start as bills which simply put, is the draft of a legislative proposal. This bill may be introduced by public members or private members and requires passing in the Lok Sabha and Rajya Sabha as well as the president’s assent to become a law.

    There are three stages through which a bill is passed in the parliament: these are known as the first, second and third reading respectively.

    For the First Reading, the speaker puts forth the request for leave of the house, which if granted is used to introduce the bill. Following this stage is the second reading which entails general discussion. It is during this stage that the House may choose to refer the bill to a parliamentary committee for further input or even circulate it to gauge public opinion. During the second reading, parliamentary procedure states that a clause-by-clause reading must proceed and it is during this time amendments are moved. The second reading concludes with the adoption of ‘Enacting Formula’ and ‘Long Title of the Bill’. The next stage is the third and the last reading. At this Juncture, debates for and against the bill take place. For an ordinary bill, only a simple majority of the members present, and voting suffices, however for a constitutional amendment bill, in keeping with article 368 of the constitution, a majority of the house’s total members and at least 2/3rd members present and voting is deemed necessary. Once this process is complete, the bill is sent to the other house of the parliament and goes through the same stages after which it is referred to the president for his assent.

    Modi Government’s track-record of Passing of Bills

    Leaders of opposition and Journalist reports have alleged that the aforementioned procedure has been cast aside by the current regime in favour of bulldozing the bills without debates. This argument is not without merit and one can identify some central ways in which the ruling party has violated parliamentary procedure.

    The first and most grievous is the misuse of Article 123 also known as the Ordinance Route. Article 123 of the constitution permits the president to enact a temporary law in the event of urgent and unavoidable circumstances. It is clear that the Article 123 has been exploited by the current government.

    During the first 30 years of our parliamentary democracy, for every 10 bills in the parliament, one ordinance was issued. In the following 30 years, this number went to 2 ordinances per every 10 bills. During the period 2014-2019 of the BJP government, this number went up to 3.5 ordinances per every ten bills. For perspective, while 61 ordinanceswere issued under the UPA government spanning ten years, the government led by the BJP issued 76 ordinances in a time frame of 7 years spanning from May 2014 to April 2021. It is also useful to note that ten of these ordinances were issued right before the 2019 Lok Sabha elections.

    Astonishingly, as many as 11 ordinances have been passed since March 24th, 2020, which is when the lockdown was imposed. Five of these relate to covid 19, two to the health sector, every other ordinance such as the Banking Regulation Amendment and the Agriculture bills do not have anything to do with the coronavirus pandemic.

    States have also used ordinances to pass legislation. A non-BJP ruled state Kerala, for example, published 81 regulations in 2020, whereas Karnataka issued 24, and Maharashtra issued 21. Kerala has also re-promulgated ordinances: between January 2020 and February 2021, one ordinance to establish a Kerala University of Digital Sciences, Innovation, and Technology was promulgated five times.

    Although previous administrations have utilized ordinances to undermine the constitutional process, the problem is decidedly amplified under the present rule with regards to the number of ordinances produced per given period.

    This sort of rise in Ordinances being issued points to a trend of avoiding in-depth critical evaluation and discussion on proposals by rushing them into becoming acts.

    One of the most controversial ordinances in the recent past pertains to the three farm laws. The reason for not introducing these proposals in the parliament and instead enacting ordinances is unclear for there seems to be no urgent link to the covid 19 pandemic. Additionally, the farm bills not being subjected to any discussions nor being referred to parliamentary committees for any further report making has led to removing any possibility for amendment. These laws provide a useful avenue to assess why the bill was not passed through a proper parliamentary process and instead rushed through the ordinance.

    The ordinance culture has also extended to BJP run states, for instance, Uttar Pradesh, Madhya Pradesh, and Gujarat adopted ordinances weakening labour laws without consulting workers’ unions or civil rights organisations during the lockdown. Moreover, this was followed up on 15th March 2020, when colonial-era legislation was enacted as an Ordinance. This was the Uttar Pradesh Recovery of Damages to Public and Private Property Ordinance which would heavily fine any damage to property, public or private during a protest.

    Moreover, the current administration can be observed violating the parliamentary procedure for there is very little or no involvement of parliamentary committees. Parliamentary committees are key in assessing a proposal with necessary scrutiny and expertise.  These committees provide a place for Members to interact with subject experts and government officials while they are studying a bill.

    60 per cent of proposals were referred to Standing or Select Committees during the United Progressive Alliance’s first term. During the UPA-II administration, this rose to 71 per cent. Prime minister Modi’s first term from 2014-19 had a 27 per cent reference rate, while his second term so far has a 12 per cent rate. Not only is there a blatant and marked disregard for referring bills to parliamentary committees, but the administration has also actively worked to hinder committee work. A meeting of the Parliamentary Standing Committee on Information Technology on July 28, 2021, had to be cancelled owing to a lack of quorum when 15 BJP members refused to sign the attendance register, it is speculated this was to avoid the discussion on the Pegasus scandal.

    Monsoon Session of Parliament

    The most recent monsoon session of the Parliament is an apt depiction of how the administration has bypassed the norms and rules of parliamentary procedure, endangering the democratic processes that citizens invest faith in.

    A record number of 12 bills were passed by the parliament in the first 10 days of the monsoon session. All these bills were passed by a voice vote which is a tremendously inaccurate mechanism to assess supporters of a particular proposal. None of these 12 bills nor the overall 14 bills were referred to standing committees for in-depth analysis.  According to TMC leader Derek O’Brien, the government rushed through and passed 12 Bills at an average time of under 7 minutes per bill. In the same vein, BSP MP Danish Ali commented that the Essential Defence Services Bill was passed in less than 10 minutes.

    Be it the ordinance route, curtailing zero hour, the excessive use of voice vote or the bypassing of parliamentary committees, all point towards the same and devastating trend, the lack of adherence to parliamentary procedure. This must compel citizens to take stock of whether India needs a reminder on how democratic proceedings should proceed and accountability to the people be restored.

    Feature Image: medium.com

  • Drought or Floods? : Tamil Nadu Needs An Integrated Water Management Policy

    Drought or Floods? : Tamil Nadu Needs An Integrated Water Management Policy

    Tamil Nadu not only requires a more sustainable and scientific approach to water management but an integrated development model that no longer separates the human environment, basic needs, ecological justice and public accountability   

    Every time we are faced with drought or floods, we all complain about the absence of a more sustainable water management policy in the state.  Politicians and the political parties blame each other and present competing narratives of their achievements when people are caught in deep crises of survival either due to bad drought or worse floods.  The bureaucrats, police, public charity and the brave hearts work round the clock while the government monitors the rescue, relief and resettlement of the victims though patterns and intensity of engagements differ between the floods and drought situation.

    We then return to our normal selves when the floods recede and the victims of extreme drought disappear from our sight.  What happened to the excessive water during the floods and the thirsty/hungry people in drought situations who seemed to have gone out of sight? It is important to argue for a more sustainable water management policy and at the same time explore the challenges in developing and executing such a policy. We do not have an open and democratic media/socio-political environment to discuss and debate between the ministers, bureaucrats, experts, non-state actors and creative members of the civil society beyond the blame game. A curious gap is that there are no solutions emerging while causes are either understated or overemphasized by different experts and groups depending on their professional background and personal worldview.

     

    The government appears to be in a catch-22 situation over urbanization, industrialization, population growth, migrations, and the urban slums.  The impact of rural poverty, state of agriculture, unemployment, migrations as well as the level of the rural-urban divide has not been studied adequately even in a developed state like Tamil Nadu.  But there is no escape from the truth that the government is the major violator and path setter for more violations of environmental principles and laws of nature by the greedy builders and corporate interests.

    It may be relevant to recall here the Chennai floods in 2015 and the worse water shortage in less than four years time in 2019.  Besides rapid industrialization and massive urbanization issues, Chennai is also faced with the challenges of climate change which is altering the weather patterns resulting in deadly floods and prolonged droughts.  Given the nature of challenges, there is a need to move beyond developing an appropriate water management policy and strengthening climate change resilience towards addressing core concerns of our democracy such as the absence of public accountability and rights without responsibilities.

     

    Chennai’s water bodies have shrunk at an alarming rate without much public attention. Every lake that has disappeared in Chennai had been part of our ecological system. Pallikaranai marshland has unfortunately been forced to yield land to hospitals, government buildings and educational institutions including (paradoxically) the Indian Institute of Technology – Madras (IIT-M) and National Institute of Ocean Technology.

    Chennai’s water bodies have shrunk at an alarming rate without much public attention. Every lake that has disappeared in Chennai had been part of our ecological system. Pallikaranai marshland has unfortunately been forced to yield land to hospitals, government buildings and educational institutions including (paradoxically) the Indian Institute of Technology – Madras (IIT-M) and National Institute of Ocean Technology. Today, Ennore creek faces a much bigger threat than ever before.  It is time we discuss more openly about our public policy, political culture, and abuse of social power, corruption in public life and the lack of environmental ethics. In intrinsic terms, this reveals about a political society without a conscience for environmental justice which forms the basis of social justice, distributional justice and good governance.

    The percentage culture and corruption prevalent among the politicians cutting across the party and political loyalties and the nexus between the politicians, bureaucrats and the business interests are one of the most unfortunate but successful stories of decentralization of public administration in Tamil Nadu.  If these arguments appear unreasonable, then how do we explain the rise and role of sand mafias, stone quarry contractors, timber lobbies, water industry and corporate bodies engaged in mineral extraction and exploitation?  These are not unspecified and general observations because of the fact that these individuals and the corporates control the lakes, rivers, forests, seashores, land access and ultimately the policy process within the government. Although slum dwellers, settlers along the river banks and seashores as well as forest people appear as main violators of the laws of State, yet the truth is vastly different.  The Palar River in the north, Cauvery River flowing through the west to east and the Tamiraparani River in the south of Tamil Nadu bear testimonies to this brutal reality of sand quarrying and criminal nexus between politicians, bureaucrats, industrialists and the sand mafia in Tamil Nadu.

    We need to question our materialistic approach to progress in the name of growth and development.  It is not adequate to boast about our progress in social justice and the inclusive model of development without environmental justice and responsibility to our future generations.  Tamil Nadu not only requires a more sustainable and scientific approach to water management but an integrated development model that no longer separates the human environment, basic needs, ecological justice and public accountability.

  • Distress Migration: A case study of KBK districts in Odisha

    Distress Migration: A case study of KBK districts in Odisha

    The former districts of Koraput, Balangir and Kalahandi, also known as KBK districts, were reorganised into 8 districts of Koraput, Malkangiri, Nabarangpur, Rayagada, Balangir, Subarnapur, Kalahandi and Nuapada in 1992. These districts form the South-West part of Odisha comprising the great Deccan Plateau and the Eastern Ghats. These highland districts highly rich in mineral resources, flora and fauna remain as one of the most backward regions in Odisha

    Among the different forms of migration, distressed migrants remain the most impoverished and unrecognised. These migrants form the lowest strata of the society; disadvantaged by caste, poverty and structural inequalities. In Odisha, the underdeveloped region of KBK is one among the main sources of distressed migrants. They move to cities in search of employment and better wages, while in cities they are even more disadvantaged due to social, economic and linguistic barriers. Administrative and political apathy over their issues has only enhanced their distress.

    This paper attempts to address three questions:

    1. What are the characteristics of distressed migrants in KBK district, Odisha?
    2. What are the existing policies of the state to curb this form of migration?
    3. What form of government intervention is required to address this distress?

    The analysis is carried out through a review of published articles, government reports, e-books and newspaper reports.

    Defining distress migration

    Migration is a multifaceted concept driven by diverse factors. Migration can be internal or international, voluntary or involuntary, temporary or permanent. Depending on the pattern and choice of migration, each migratory trend could be characterised into different forms. Distress migration is one such form of migration.

    Involuntary migration is often associated with displacement out of conflict, environmental distress, climatic change etc. That is any sudden threat or event forces people to migrate. However, involuntary migration may also arise out of socio-economic factors such as poverty, food insecurity, lack of employment opportunities, unequal distribution of resources etc. This component of involuntary migration is addressed by the concept of distress migration (Avis, 2017).

    To understand distressed rural-urban migration in India, the broad definition used by Mander and Sahgal (2010) in their analysis of rural-urban migration in Delhi can be employed. They have discussed distress migration as:

    “Such movement from one’s usual place of residence which is undertaken in conditions where the individual and/or the family perceive that there are no options open to them to survive with dignity, except to migrate. Such distress is usually associated with extreme paucity of alternate economic options, and natural calamities such as floods and drought. But there may also be acute forms of social distress which also spur migration, such as fear of violence and discrimination which is embedded in patriarchy, caste discrimination, and ethnic and religious communal violence” ( Mander and Sahgal, 2010)

    In brief, the definition states that distress migration is caused by an array of issues. Environmental disasters, economic deprivation, gender or social oppression, lack of alternate employment opportunities and inability to survive with dignity are mentioned as the main drivers of distress migration (Avis, 2017).

    Thus, distress migration is a form of temporary migration driven by environmental and socio-economic factors and not based on an informed or voluntary choice.

    Profile of KBK districts

    The former districts of Koraput, Balangir and Kalahandi, also known as the KBK districts, were reorganised into 8 districts of Koraput, Malkangiri, Nabarangpur, Rayagada, Balangir, Subarnapur, Kalahandi and Nuapada in 1992. These districts form the South-West part of Odisha comprising the great Deccan Plateau and the Eastern Ghats. These highland districts highly rich in mineral resources, flora and fauna remain as one of the most backward regions in Odisha. The region is termed backward on account of rural backwardness, high poverty rates, low literacy rates, underdeveloped agriculture and poor development of infrastructure and transportation (Directorate of Economics and Statistics, 2021).

    The districts are home to primitive tribal communities such as Gonds, Koyas, Kotias etc. dependent on forest produce and subsistence agriculture for a living. KBK region registered a workforce participation rate of 48.06 % in the 2011 census. There was a significant occupation change noticed from the 2011 census.  The region witnessed a fall in cultivators from 33% in 2001 to 26.7% in 2011. However, the fall in cultivators was compensated with an increase in agricultural labourers from 44.24 % in 2001 to 48.87% in 2011. Employment in household industries also witnessed a downfall between the period of 2001 to 2011 (Sethy, 2020).

    The rise in agricultural labourers has a negative impact on the communities. As agriculture is underdeveloped owing to the arid nature of the region, crop failure, extreme calamities, low net irrigated area and falling government expenditure, these workers are pushed into abject poverty. In search of alternate employment options, these workers migrate to other areas of employment in rural or urban pockets. Such a form of seasonal migration during the lean period in agriculture is a predominant phenomenon in these districts. Their dependence on non-timber forest produce is hindered by the rapid deterioration and deforestation of forests for development projects and mining.

    Characteristics of distressed migrants in KBK region

    1. Who Are These Distressed Migrants?

    In the KBK region, distress migration has been a popular coping strategy during lean periods of agriculture. And this strategy is majorly adapted by disadvantaged and marginalised sections of the region. They are disadvantaged by caste, chronic poverty, landlessness, low levels of literacy and skills, increased dependence on forest and agriculture and debt-ridden (Meher, 2017; Mishra D.K., 2011; Tripathy, 2015, 2021).

    1. Why Do They Migrate

    Distressed migration in the region is induced by many interlinked factors. One such factor is that the region is highly under-developed in terms of social and economic infrastructure. Such under-development puts the communities at a disadvantage with low levels of literacy and skills. Their dependence on agriculture and forest produce for livelihood rises. However, agriculture is under-developed and forests are subjected to high levels of deforestation. With low levels of income, crop failure and non-availability of alternate employment opportunities, the communities are subjected to absolute levels of poverty, food and employment insecurities (Kujur, 2019).

    Landlessness is also identified as one significant push factor. As the region is highly dominated by tribal communities, they are more attached to and dependent on the forest cover. Globalisation and industrialisation resulted in deforestation and encroachment of farmlands for industrial and mining purposes. Eventually, a major proportion of land remains with a smaller group of wealthy people (Mishra D.K., 2011).   Relocation and involuntary displacement also result in the loss of their livelihood that is dependent on the local environment (Jaysawal & Saha, 2016).

    With falling income, people approach local moneylenders to meet their basic sustenance needs. With low incomes from agriculture and forest produce, families approach these informal creditors to meet emergency needs like marriage, birth and death rituals or medical treatment as well as to meet basic consumption needs with the expectation of cash flow from labour contractors during the lean season. Moneylenders exploit them by charging higher interest rates. Thus, the non-availability of formal credit facilities pushes them into a debt trap and further to adopt migration (KARMI, 2014; Mishra D.K., 2016).

    The region is also subject to extreme calamities and drought. Small and marginal farmers, poor in income and land, choose to migrate as they are unable to cope with the regular droughts and climate change. A study on historical analysis of the effect of climate on migration in Western Odisha mentions that the migratory trend saw a rise after the mega drought in 1965. Up until then, large-scale migration from the region was not a phenomenon (Panda, 2017).

     

    1. Channel of Migration

    Sardars provide an advance amount and in exchange, the debtor or any family member agrees to work for them for a stipulated period, usually six months. Hence, there exists a form of debt bondage. Large-scale family migration through this system is seen in the KBK region. The major stream of such bonded labour migration is witnessed towards brick kilns in Andhra Pradesh

    In the region, seasonal migration occurs through the channels of agents, locally known as Sardars, on a contractual basis. This form of migration is known as Dadan labour migration. The poor migrant labourers are known as Dadan and they are recruited by Sardars, who are usually local people who are familiar with residents in the region (KARMI, 2014). During the period of Nukhai, they go around the villages and contact prospective labourers. These Sardars are the intermediary between the employer and the migrant labourer. Sardars provide an advance amount and in exchange, the debtor or any family member agrees to work for them for a stipulated period, usually six months. Hence, there exists a form of debt bondage. Large-scale family migration through this system is seen in the KBK region. The major stream of such bonded labour migration is witnessed towards brick kilns in Andhra Pradesh. They are also a major source of labour in the areas of construction, handlooms and other forms of informal sector work across South India (Daniels, 2014). The problems they face in the destination are manifold. They are subjected to poor working conditions, poor housing and sanitation facilities and limited access to education and health facilities. They are recognised as cheap labour with limited bargaining power owing to their social, cultural and linguistic exclusion in the destination state. Upon entering the contract their freedom to move and freedom to express is denied (Acharya, 2020).

    1. Pull Factors to Migrate

    The hope of availability of better job opportunities and wages is the main pull factor. However, upon the analysis of the nature of migration, push factors have a higher weightage in inducing such distress migration. Migration to brick kilns and other informal sectors from the KBK region can be termed as distress migration as in this case, distress is caused mainly by socioeconomic factors. It is not an informed or voluntary choice. Debt migration remains the only coping strategy that they could adopt.

    Government intervention to curb such distress

    1. Policies Addressing Debt-Bondage Migration:

    The first attempt of the state government to address Dadan migration or debt migration is the enactment of the Dadan Labour (Control and Regulation) Act (ORLA) in 1975. The act had provisions for the registration of labourers and agents, ensuring compliance of minimum wages and favourable working conditions and appointing inspection officers and dispute redressal committees (Daniels, 2014).  However, the act remained on paper and no evidence of enactment was published until it was repealed in 1979 upon the enactment of the Interstate Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979 (Nanda, 2017).

    The ISMW act has been criticised to be inadequate and failing to regulate and facilitate safe migration. According to the act, only those interstate migrant workmen who are recruited by licensed agents come under the ambit of the act. However, most agents involved in Dadan migration are not licensed and hence, these workers cannot avail of any of the provisions of the act (Singh, 2020). Though registration of labour contractors is mandatory in the origin state, there is no information about the names of these contractors and hence, further monitoring of the migration process is avoided (NCABL, 2016). Lack of adequate enforcement, under-staffing and poor infrastructure are identified as the reasons for poor implementation of the act in the state (Daniels, 2014).

    A positive attempt against distress migration was the Memorandum of Undertaking (MoU) initiated between the labour department of Odisha and Andhra Pradesh to ensure labour welfare measures of migrant workers in Brick Kilns. After the MoU, the state of undivided Andhra Pradesh took up various progressive measures in education, health, housing and PDS for migrant workers in Brick Kilns. ILO necessitated the need for states to enter into inter-state MoUs to effectively address the bonded labour migration. However, no further MoU was signed with other states like Tamil Nadu, Chhattisgarh etc. which are also among the major host states for migrants from the region (NCABL, 2016).

    The Bonded Labour System (Abolition) Act enacted in 1976 governs the provisions for identification, rescue and rehabilitation of bonded labourers across the country. The act has its loopholes in implementation. There is no information on whether vigilance committees have been set up in every district or whether the surveys have been periodically conducted or to what extent the act has been functioning in the state (Post News Network, 2019). The centrally sponsored scheme for Rehabilitation of Bonded Labour also has its setbacks. There have been reported cases of delay and denial of financial aid by district officials ( Mishra .S., 2016). In 2016, with restructuring and revamping of the Rehabilitation scheme, rescued workers could only avail the full amount of financial aid with the prosecution of the accused employers. With no database on the employer, the rates of prosecution have been low and the rescued bonded labour do not receive their funds (NACBL, 2016)

    1.  Ensuring Accessibility of Health Facilities in Destination

    The Rashtriya Swasthya Bima Yojana or RSBY launched by the central government in 2008 provides health insurance to BPL families. The scheme incorporates provisions to split smart cards so those migrant workers could avail health insurance in destination states. After signing of the MoU between Andhra Pradesh and Odisha, the two states took steps to spreading awareness among the migrant workers about how to use the smart cards (Inter-State Migrant Workman Act (ISMW), Labour Directorate, n.d.)

    1. Ensuring Education of Migrant Workers Children

    The state of Odisha has established seasonal hostels to ensure the education of children of migrant workers.  The children are enrolled in seasonal hostels during October-June, that is until their parents return home (Odisha Primary Education Programme Authority, n.d.).  The state has ensured the education of migrant children at their destination state by sending Odiya textbooks and Odiya teachers to residential schools in Andhra Pradesh (Inter-State Migrant Workman Act (ISMW), Labour Directorate, n.d.).

    1. Alternate Employment Opportunities: MGNREGA

    Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) was introduced in 2006 to provide guaranteed employment to rural poor with the objective of uplifting them from poverty and restricting distress migration.  A study analysing the performance of MGNREGA through secondary sources of data suggests that based on physical criteria of 100 Days of Wage Employment, Person-days generated, ST and Women person-days and financial performance in terms of total expenditure, total wages, average cost and average wage rate per day person, the performance of MGNREGA in KBK districts is better compared to Non- KBK districts.  But the region is lagging in rural employability criteria based on average days of employment provided per household and job cards issued (Sahoo et al., 2018).  Labour in the region is not interested to work under MGNREGA due to its dismal implementation in the state. Workers complain about the delay in receiving payments and instances of the creation of non-existent workers’ names among MGNREGA’s beneficiaries (KARMI, 2014).  Uncertain and low wages make these labourers favour migration to Brick Kilns in hope of better wages (Deep, 2018).

    1. Development Policies in KBK Region

    The KBK region has a high incidence of poverty owing to regional disparities in development and social exclusion based on caste. The main initiatives implemented by the state government for the upliftment of the KBK region are the Special Area Development Programme, Revised Long Term Action Plan (RLTAP), Biju KBK Plan, Backward Regions Grants Fund, Gopabandhu Gramin Yojana (GGY), Special Central Assistance (SCA) for tribal sub-plan (TSP) areas, Western Odisha Development Council (WODC) and Grants under Article 275(1) of the Constitution. Development projects to reduce poverty and regional disparities are obstructed by economic, social and institutional factors (Mishra, 2020).

     

    The state of Odisha has done positive interventions in the education of migrant children and health facilities of the migrant population. However, the distress migration is still prevalent owing to the social and economic exclusion and debt bondage situations in the region. Land grabbing in the name of development left the tribal communities poor and in distress. Structural inequalities induced by caste discrimination are enhanced with such landlessness.

     

     

     

    Policy Recommendations

    The state of Odisha has done positive interventions in the education of migrant children and health facilities of the migrant population. However, the distress migration is still prevalent owing to the social and economic exclusion and debt bondage situations in the region. Several initiatives and schemes have been enacted to address distress migration; however, their failure in reducing distress can be linked to dismal governance, poor implementation and misappropriation of schemes.

    The state must ensure migration to be safe and a viable coping strategy. From this study it is suggested the state of Odisha follow a multipronged approach to address the distress.

    Origin state (Odisha) interventions

    •         Short Term Interventions:
    1. The system of debt bondage should be completely abolished by the proper implementation of legislation. Different loopholes in implementation such as the delay in the release of funds, prosecution of accused and identification and registration of middlemen should be addressed. Apart from the financial aid, the state should intervene in providing a comprehensive livelihood plan for the rescued labourers. Abolishing the bonded labour system is essential to reduce distress and make migration safe.
    2. Informal sources of credit should be eliminated and formal credit and microfinance facilities should be made available. Such facilities would reduce the exploitation and prevent the creation of absurd debt. Formal credit provides opportunities for small and marginal farmers to indulge in productive investments. This enables them to cope with extreme climatic changes.
    3. Land grabbing in the name of development left the tribal communities poor and in distress. Structural inequalities induced by caste discrimination are enhanced with such landlessness. The provision of land ownership enables the communities to enjoy land-based benefits which further supports them to sustain their livelihood. Ownership of land also provides the indigenous community with a sense of social and economic significance.
    •         Long term interventions
    1. The state should engage in enhancing the skills of the people in the region. Vocational skill training and development schemes can be introduced. This could expand the opportunities available for employment and distribute labour across all the economic sectors.
    2. Rural development should be given higher priority. The state of Odisha has already initiated many schemes for the development of the KBK region. However, the state should study the economic and social factors that stagnate the process of development in the region. Chronic poverty, poor infrastructural and rural connectivity and dismal education and health facilities are some of the important areas that require attention.

    Host state intervention

    1.   The host state needs to create a database of migrants entering their state. A statistically significant database on migrants solves a huge array of issues faced by the migrant in the destination state. A comprehensive database helps in identifying and recognising migrants. It also allows for understanding the different characteristics of migrants and the sectors in which they are employed. This would be beneficial for monitoring and ensuring safe and favourable working conditions. A database also helps in ensuring the availability and accessibility of social security and entitlements in host states.

     

    1.   Migrant labour is as important to the destination state as it is to the origin state. Both origin and host state should cooperate towards making migration a viable livelihood strategy.

    Another important area where both the origin and host state should intervene together is creating awareness among workers about the existing provisions and rights available to them. Access to the same should be made easy.

    Conclusion

    The highly backward districts of the KBK region remain a major source of distressed migrants. Years of state initiative in reducing distress have had negligible impact. The area remains underdeveloped and migration is the only viable choice of employment. Migration can only be a viable coping strategy for seasonal migrants when the channel of migration is made legal and safe. The major drawback in any initiative attempted to resolve distress is the poor implementation. Administrative apathy, corruption and misappropriation of schemes have stagnated the progress of every initiative.

     

    References

    1. Acharya, A. K. (2020). Caste-based migration and exposure to abuse and exploitation: Dadan labour migration in India. Contemporary Social Science, 1-13.
    2. Avis, W. R. (2017). Scoping study on defining and measuring distress migration.
    3. Bhatta Mishra, R. (2020). Distress migration and employment in indigenous Odisha, India: Evidence from migrant-sending households. World Development, 136, 105047.
    4. Daniels, U. (2014). Analytical review of the market, state and civil society response to seasonal migration from Odisha. Studies, stories and a canvas seasonal labour migration and migrant workers from Odisha, 106-115.
    5. Deep, S. S. Seasonal Migration and Exclusion: Educational Experiences of children in Brick Kilns. Ideas, Peoples and Inclusive Education in India. National Coalition for Education, India. 2018.
    6. Directorate of Economics and Statistics (2021). Odisha Economic Survey 2020-21. Planning and Convergence Department. Government of Odisha. http://www.desOdisha.nic.in/pdf/Odisha%20Economic%20Survey%202020-21-1.pdf
    7. Giri, J. (2009). Migration in Koraput: “In Search of a Less Grim Set of Possibilities” A Study in Four Blocks of tribal-dominated Koraput District, Odisha. Society for Promoting Rural Education and Development, Odisha, 1.
    8. Inter-State Migrant Workman Act (ISMW) | Labour Directorate. (n.d.). Labour Directorate, Government of Odisha. Retrieved August 10, 2021, from https://labdirodisha.gov.in/?q=node/63%27%3B.
    9. Jaysawal, N., & Saha, S. (2018). Impact of displacement on livelihood: a case study of Odisha. Community Development Journal, 53(1), 136-154.j
    10. Jena, M. (2018, July 21). Distress migration: land ownership can put a break. The Pioneer. https://www.dailypioneer.com/2018/state-editions/distress-migration-land-ownership-can-put-a-break.html
    11. KARMI. (2014). Migration Study Report of Golamunda Block of Kalahandi District of Odisha. Pp.13. Kalahandi Organisation of AgKriculture and Rural Marketing Initiative (KARMI), Kalahandi Odisha.
    12. Kujur, R. (2019). Underdevelopment and patterns of labour migration: a reflection from Bolangir district, Odisha. research journal of social sciences, 10(1).
    13. Mahapatra, S. K., & Patra, C. (2020). Effect of migration on agricultural growth & development of KBK District of Odisha: A statistical assessment. Journal of Pharmacognosy and Phytochemistry, Sp, 9(2), 162-167.
    14. Mander, H., & Sahgal, G. (2010). Internal migration in India: distress and opportunities, a study of internal migrants to vulnerable occupations in Delhi.
    15. Meher, S. K. (2017). Distress seasonal migration in rural Odisha A case study of Nuapada District.
    16. Mishra, D. K. (2011, April). Behind dispossession: State, land grabbing and agrarian change in rural Odisha. In International conference on global land grabbing(Vol. 6, No. 8).
    17. Mishra, D. K. (2016). Seasonal migration from Odisha: a view from the field. Internal migration in contemporary India, 263-290.
    18. Mishra, S. (2016, January 13). Rescued migrant workers get raw deal from Govt. The Pioneer. https://www.dailypioneer.com/2016/state-editions/rescued-migrant-workers-get-raw-deal-from-govt.html
    19. Mishra, S. (2020). Regional Disparities in Odisha–A Study of the Undivided “Kbk” Districts. Research Journal of Humanities and Social Sciences, 11(4), 261-266.
    20. Nanda, S. K. (2017). Labour scenario in Odisha. Odisha Review, 73(10), 20-25.
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    22. Panda, A. (2017). Climate change, drought and vulnerability: A historical narrative approach to migration from Western Odisha, India. In Climate Change, Vulnerability and Migration(pp. 193-211). Routledge India.
    23. Post News Network. (2019, April 30). Elimination of bonded labour calls for cohesive action plan. Odisha News, Odisha Latest News, Odisha Daily – OdishaPOST. https://www.Odishapost.com/elimination-of-bonded-labour-calls-for-cohesive-action-plan/
    24. Sahoo, M., Pradhan, L., & Mishra, S. (2018). MGNREGA and Labour Employability-A Comparative Analysis of KBK and Non-KBK Regions of Odisha, India. Indian Journal of Economics and Development, 6(9), 1-8.
    25. Sethy, P. (2020). Changing Occupational Structure of Workers in KBK Districts of Odisha. Center for Development Economic, 6(06), 17-28.
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    27. Tripathy, S. N. (2015). Evaluating the role of micro-finance in mitigating the problems of distress out-migrants: A study in KBK districts of Odisha. The Micro Finance Review, Journal of the Centre for Micro Finance Research.
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  • Urdu, Hindu Attire, Abrahamisation | It’s much ado about nothing

    Urdu, Hindu Attire, Abrahamisation | It’s much ado about nothing

    Urdu in India seems to have suffered because of a mistaken identity, and has had a decline from the time Pakistan declared Urdu as her national language

    Reacting to the Fabindia’s ‘Jashn-e-Riwaaz’ advertisement, on October 18 Bharatiya Janata Party (BJP) leader Tejasvi Surya, who is also president of the Bharatiya Janata Yuva Morcha, and a member of the Lok Sabha from Bengaluru, called it a ‘deliberate attempt of abrahamisation of Hindu festivals, depicting models without traditional Hindu attires….’. For those who are unfamiliar with the term ‘Abrahamisation’, a simple explanation, as conceived by some in the Right wing, is: ‘the process by which tenets of Hinduism are modified to have features of monotheistic religions (Judaism, Christianity and Islam)’.

    In what way does the advertisement amount to abrahamisation? Surya says the models are without traditional ‘Hindu attires’. This is not true by any stretch of imagination, as none — none — can have or provide a single monolithic picture of what constitutes ‘Hindu attire’. This argument in itself is both ambivalent, and supercilious. We shall get back to the attire squabble in a bit.

    What to Surya’s mind is more abhorrent, and prompts him to utilise the moniker ‘abrahamisation’ could be the phrase ‘Jashn-e-Riwaaz’, which undoubtedly is a Urdu phrase. Unfortunately, anything that is even remotely connected with Urdu raises the hackles of the Right wing in India. The entire rub as regards the advertisement has to do with this Urdu phrase, as by extension, anything that relates to Urdu gets identified with Muslims.

    It is that what appears to prompt Surya to mark out the advertisement as an attempt at ‘abrahamisation’. If this is the case, the attire has been used as a camouflage to attack the Urdu rendering in the advertisement. Let us dwell deeper on this association of Urdu with Muslims, and analyse to what extent, if any, is such an association (or nexus, depending on how one sees it) valid?

    Urdu Speakers

    The Muslim population of India is about 14 percent, and the proportion of those who speak Urdu as their mother tongue/first language is just about 4 percent. Interestingly, all of these 4 percent Urdu speakers are not necessarily Muslims. So, an overwhelmingly large proportion of Muslims do not have Urdu as their mother tongue/first language.

    Muslims are found all over India, from Kashmir to Kanyakumari and from Arunachal Pradesh in the extreme east to Gujarat in the west. Invariably, all of them speak the local/state languages. So where do Muslims speak Urdu? In a relatively small zone in the central-north areas. Also, small numbers of ‘migrants’ in other states, including the Deccani version, in some pockets in Andhra Pradesh, Karnataka and Telangana.

    Urdu Literature And Journalism

    The very first Urdu newspaper, Jam-i-Jahan-Numa, was published in Calcutta by Harihar Dutta as early as 1822. The weekly Kohinoor was started by Munshi Harsukh Rai in 1850. In 1858, Manbir Kabiruddin started the Urdu Guide. Munshi Nawal Kishore started the first Urdu newspaper, Oudh Akhbar, from Lucknow, also in 1858.

    In 1913 Ganesh Shankar founded Pratap, a famous revolutionary weekly in Kanpur which became a daily in 1920. Now it is published from Delhi. In 1923 Lala Kushal Chand, an Arya Samaji, started the Milap, an Urdu daily, from Lahore. After Independence it was shifted to Delhi, and is still in circulation as the largest Urdu newspaper in India.

    Urdu literature has been overwhelmingly patronised by non-Muslim writers and poets. Some of them are: Krishan Chander, Munshi Premchand, Rajinder Singh Bedi, Raghupati Sahay (Firaq Gorakhpuri), Gulzar (Sampooran Singh Kalra), Khushwant Singh, and so on.

    Clearly, some of the best patrons of Urdu have been non-Muslims. Given all these, where does the Urdu-equals-Muslim equation come from?

    Urdu literature has been overwhelmingly patronised by non-Muslim writers and poets. Some of them are: Krishan Chander, Munshi Premchand, Rajinder Singh Bedi, Raghupati Sahay (Firaq Gorakhpuri), Gulzar (Sampooran Singh Kalra), Khushwant Singh, and so on.

     

    The Pakistan Angle

    That equation came into prominence in 1947. After Pakistan came into being, surprisingly Urdu became her national language, though overall an overwhelming majority spoke Bangla. In the western wing the autochthones of Pakistan, namely the five main ethnic groups — Punjabis, Pathans, Sariakis, Balochis and Sindhis — all spoke a different language, and had very little to do with Urdu.

    It was just small sections in urban areas, and those who went over as Mohajirs (migrants) from India at Partition, who had Urdu as their mother tongue. It must not be forgotten that the 1971 secession of the eastern wing of Pakistan and the genesis of Bangladesh had a lot to do with the politico-linguistic neglect of Bangla.

    Urdu in India seems to have suffered, and has had a decline from the time Pakistan declared Urdu as her national language. No need to go into the political details of that here, except to point out that Punjabi which had till then adopted the Perseo-Arabic script that Urdu uses, gradually shifted to Gurmukhi script subsequent to Partition.

    The attribution of Urdu as an Islamic/Muslim language, and the generalisation to define a homogenous ‘Hindu attire’ are both problematic, as at its core both are built on false assumptions.

    The Attire Conundrum

    Now to the ‘Hindu attire’ ingredient of Surya’s assertion. The models featured in the advertisement do not by any sort of contention wear anything that could be thought of as non-Hindu, or anything offensive, or for that matter anything to suggest that these are ‘abrahamic’. Where do we look for those traditional ‘Hindu attires’?

    We do not have any comprehensive studies as to what women wore during ancient times in different parts of India, and if there was any unanimity or monolithic depiction as regards their attire. Besides, all over the country there have always been a range of dress patterns, and these did, and still do, cut across the various ethnic, religious and caste groups. To take up just a single example, the dress worn by Kathak dancers is common not just to dancers from various religious groups but also to the different genders. Among many other factors climatic conditions and local availability of fabric — and not religion — often determines attire.

    The attribution of Urdu as an Islamic/Muslim language, and the generalisation to define a homogenous ‘Hindu attire’ are both problematic, as at its core both are built on false assumptions. On a related note, the stigmatisation of Urdu by those who are unaware of its rich past can be seen when English is categorised as a ‘foreign language’.

    This article was earlier published in –  money control

    Image Credit: The News Minute